CoE RoA Application Refused

[vapudi]

Hi Vinny, CR001 or others,
Can you please help clarify my doubts.

I became British citizen via naturalisation, got British passport three years back. Then I went to India to look after business. Got married there. got a baby this year. Now I came back to UK, looking for a job. Before I come over here, I applied for CoE of RoA visa for my child. I did not apply for spouse visa for my wife yet since I don't have proof of Earnings. I will apply for her visa after six months after I start working.

=========== We received a Refusal Letter, with below text (in summary) ===============

While you have submitted an application form, you have not submitted any documents as required by the Annex A (Additional Documents which must accompany an application for a certificate of entitlement) to chapter 57 of the UKs Visas & immigration nationality instructions on the right of Abode.

Given the above I am not satisfied that you are related as claimed and I am therefore not satisfied that you qualify for CoE RoA in the UK.

I have therefore refused your application.

In relation to this decision, there is no right of appeal or right to administrative review.

=========================Can you please clarify my doubts?

1. I submitted pretty much all the documents as other members suggested in the forum (whose applications were successful) except employment letters, payslips etc as I was in India, not formally receiving salary

Could the lack of my employment letters be the reason for the refusal?

2. I shouldn't doubt but is it possible any document(s) gone missing while VFS office scanning and sending them to home office?

3. Should I have wait and applied for both my wife and child at same time? Would it have been better?

4. It says no right of appeal or review. I guess I can't apply for a review of the decision.
But after 6 months, while applying for my wifes visa, can I apply for CoE RoA for my child as well after adding Employment Letters?

Sorry too many questions. Please see if you can reply when you have time.

Thank you for your time.

[vinny]

Did you submit evidence of your naturalisation that occurred prior to your child's birth, etc?

[vapudi]

Hi Vinny,
Thanks for the reply.

Yes I submitted my Naturalisation Certificate, Our Marriage Certificate, Baby Birth Certificate, Photos of My wife & I together to prove our relationship, her hospital records to prove her pregnancy, Divorce Decree of my previous marriage which ended before I became British, copy of my passport and indian visa and my wifes passport etc.

The application is considered against Section 2(1)(A)of the 1971 immigration act.

VFS people said they scan and send copies of the documents but not physical documents.

Do you see any necessary documents missing?

[vinny]

While you have submitted an application form, you have not submitted any documents as required by the Annex A (Additional Documents which must accompany an application for a certificate of entitlement) to chapter 57 of the UKs Visas & immigration nationality instructions on the right of Abode.

Given the above I am not satisfied that you are related as claimed and I am therefore not satisfied that you qualify for CoE RoA in the UK.

They appear to be unsatisfied that your son is your son. Did you submit his birth certificate and your marriage certificate, etc.?

Moreover, I'm not sure why they are looking at Chapter 57. I think that it has been replaced with the Right of Abode Guidance.

[vapudi]

Hi Vinny,
Thanks for the response.

Yes I submitted my marriage certificate, baby birth certificate, Hospital records etc.

Can you suggest what options shall I have?

Should I apply for Child Dependent Visa along with my wifes dependant visa? What options do I have?

Thanks for your time.

[plabo]

I think u shuld think of getting a genetic testing report

[vinny]

I don't understand their refusal. What you had submitted should have satisfied them.

Applicant was born outside the United Kingdom and the Falkland Islands on or after 1st January 1983, or outside the United Kingdom and any qualifying British overseas territory on or after 21st May 2002, to a parent born in the United Kingdom or the Falkland Islands (or, on/after 21 May 2002, any qualifying British overseas territory) or to a parent registered or naturalised in the United Kingdom prior to the applicant’s birth

(i)Applicant’s full birth certificate showing parents’ details;
(ii)Parents’ marriage certificate (if claiming through father); and
(iii)Parents’ full birth certificate, registration or naturalisation certificate

This is basically repeated in Annex A of Chapter 57. Perhaps you should enquire further on why they had missed or ignored these documents?

[vapudi]

Thanks Vinny for the response.

That's right. I submitted all the three documents along with other documents.

I will try enquiring. I guess we can call or write an email to the team. I will try this possibility to my capacity.

Or would it help if I apply again while I apply for dependant visa for my wife after I get job and have bank statements and payslips?

Thanks for your time.

[vapudi]

I think u shuld think of getting a genetic testing report

Hi, mm thanks for the response.

How to proceed after getting the report? Please suggest if there is a way with the report. Ta.

[vinny]

I will try enquiring. I guess we can call or write an email to the team. I will try this possibility to my capacity.

I think writing would be better than calling.

Or would it help if I apply again while I apply for dependant visa for my wife after I get job and have bank statements and payslips?

Would these help to prove that you are your son's father?

[vinny]

I think they may require DNA test only if you were not married to your son's mother.

[vapudi]

I will try enquiring. I guess we can call or write an email to the team. I will try this possibility to my capacity.

I think writing would be better than calling.

Thank you very much Vinny for the advice. I will write an email to them

I did not send my birth certificate and babys Tuberculosis test. Could this be the reason? But my Naturalisation certificate and Passport has my date of birth. I read somewhere TB test not necessary for babies. Please correct me if I am wrong.

Best wishes.

[vinny]

No. I don't think those were the reasons.

Your birth certificate and baby's TB test are not required for a CoE-RoA.

[vapudi]

Thank you very much Vinny. Very nice of you for spending the time and clarified my doubts.

I will write an email to home office and see what they say.

Just wanted to check - do you provide professional services on visas? If yes, can you please let me know how to contact you either phone no or email. Because I might need help while applying for my wife's visa or even to proceed with my babys CoE RoA.

Best Wishes.

[CR001]

Just wanted to check - do you provide professional services on visas? If yes, can you please let me know how to contact you either phone no or email. Because I might need help while applying for my wife's visa or even to proceed with my babys CoE RoA.

Moderators are unpaid volunteers on the forum. Even if a member or moderator was an immigration advisor, we are not permitted to use the forum to get customers for a fee for services. Members are also not permitted to post contact details on the forum.

You are of course free to post any questions you have for any applications you make to HO and you will get free advice on the public forum.

[CR001]

Regarding your previous post in May this year, did you inform HO at the time of your relationship breakdown with your previous spouse who came to the UK on a dependent visa?

immigration-for-family-members/divorce- ... l#p1488687

[vapudi]

Moderators are unpaid volunteers on the forum. Even if a member or moderator was an immigration advisor, we are not permitted to use the forum to get customers for a fee for services. Members are also not permitted to post contact details on the forum.

You are of course free to post any questions you have for any applications you make to HO and you will get free advice on the public forum.

Hi CR001, sorry I wasn't aware of it. Its ok, I won't ask or post contact details. Best wishes.

[vapudi]

Regarding your previous post in May this year, did you inform HO at the time of your relationship breakdown with your previous spouse who came to the UK on a dependent visa?

immigration-for-family-members/divorce- ... l#p1488687

Hi CR001,
No I did not know that I need to inform Home Office about it. Should I inform now?

Could it be a reason for the refusal of my childs CoE RoA? Can you please suggest? Thank you.

[vapudi]

Regarding your previous post in May this year, did you inform HO at the time of your relationship breakdown with your previous spouse who came to the UK on a dependent visa?

immigration-for-family-members/divorce- ... l#p1488687

Hi CR001,
The forms at this page does not have option to put up dates. how to inform HO that we got separated 6 years ago and got divorced 5+ years ago in another country?
https://www.gov.uk/government/publicati ... nsent-form

1. Just submitting the Divorce Decree along with child visa application not enough?
2. Is there any other way to inform HO about breakdown of my previous marriage with dates?

[vapudi]

I will try enquiring. I guess we can call or write an email to the team. I will try this possibility to my capacity.

I think writing would be better than calling.

Or would it help if I apply again while I apply for dependant visa for my wife after I get job and have bank statements and payslips?

Would these help to prove that you are your son's father?

Hi Vinny,
Probably last question regarding this.

Is Application to Reconsider the Decision made on CoE RoA not applicable for the applications made from outside the UK? or Applicable? Can you suggest?

https://www.gov.uk/government/publicati ... t-of-abode
https://www.gov.uk/government/uploads/s ... y_2015.pdf

Thank you.

[vinny]

The form said "UK applications only". There seems to be no formal remedies for applications outside the UK. However, there shouldn't be any stopping you from asking them why your submitted evidence was disregarded or ignored.

[vinny]

Perhaps also cc questions to the Independent Chief Inspector, as the right of appeal in this category was also removed.

[vapudi]

The form said "UK applications only". There seems to be no formal remedies for applications outside the UK. However, there shouldn't be any stopping you from asking them why your submitted evidence was disregarded or ignored.

Thank you very much Vinny. I will first write an email and see what they say. Best Regards.

[Obie]

A possible other step is threatening Judicial Review. It is a very serious matter in my opinion to hinder a British Citizen's ability to enter the country of their nationality. It is totally absurd.

[vapudi]

A possible other step is threatening Judicial Review. It is a very serious matter in my opinion to hinder a British Citizen's ability to enter the country of their nationality. It is totally absurd.

Hi Obie,
Threatening HO sounds scary to me.

I will write email and request them to double check the documents I sent with the application and see what they say. Based on their response, I can probably think of what to do next.

I don't know how Judicial Review works. I will find more information about it. Thank you for your response. Appreciate it.

Best wishes.